Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected conditions meet the schedular prerequisite criteria for a TDIU, and her mental and physical disabilities have rendered her unable to obtain or maintain a substantially gainful course of employment. The Board has granted entitlement to TDIU from July 26, 2020.

The Board has remanded the case for further development due to additional evidence received since the January 2021 Supplemental Statement of the Case.

The Board has dismissed the Veteran's appeal for a combined rating in excess of 50 percent for lumbar spine degenerative disc disease and bilateral lower extremity sciatic radiculopathy prior to April 22, 2016. The claim is remanded for increased ratings for the bilateral knee disabilities.

The Veteran's appeal is being remanded due to the need for additional evidence and examinations, including VA examinations of his PTSD, lumbar spine disability, right lower extremity radiculopathy, and right knee.

The Board has granted service connection for left lower extremity radiculopathy and right foot metatarsalgia with post tibial tendonitis and Morton's neuroma. The hip disorder claim is remanded for further examination.

The Veteran's claim for a higher rating for lumbar spine DDD was denied. Effective February 15, 2013, the Veteran received service connection for left and right lower extremity radiculopathy with effective dates of that same date. The Veteran's TDIU claim from August 27, 2012, was granted.

The Veteran's claim for an evaluation in excess of 40 percent for low back strain with degenerative arthritis to include intervertebral disc degeneration is denied. The reduction in ratings for bilateral lower extremity radiculopathy from March 2, 2017 is void ab initio. Claims for TDIU are granted and dismissed as moot.

Your appeal has been dismissed because you requested to withdraw it before the decision was made.

The Board denied all claims for increased ratings for right and left lower extremity radiculopathy of the sciatic nerve, finding that the Veteran's symptoms more closely approximated mild to moderate incomplete paralysis.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as his lumbar spine and lower extremity radiculopathy have been granted. The Veteran now receives a disability rating of 50 percent for each affected joint from September 9, 2020.

The Board has determined that the VA examinations and development are not sufficient to make a determination on the claims for increased ratings for low back disability, bilateral lower extremity radiculopathy, and TDIU. The Veteran's lay statements suggest functional equivalent of ankylosis during flare-ups or due to repetitive use. Therefore, another remand is required.

The Veteran's RLE radiculopathy is rated at 20 percent since February 26, 2019. The Board found that a higher rating was not warranted based on the severity of his symptoms and examination findings.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective October 7, 2022. The Board also granted a TDIU prior to March 1, 2019.

The Veteran's claim for a higher rating for invertebral disc degeneration of the lumbosacral spine was denied. The claim for a 10 percent rating for radiculopathy of the right lower extremity from November 3, 2015, was granted. However, the claim for a higher rating for radiculopathy of the right lower extremity remained denied.

The Veteran's service-connected right lower extremity radiculopathy (femoral and sciatic nerves) is rated at 10% for the entire rating period, with no higher ratings granted. The appeal was denied as the disability picture did not meet criteria for a higher rating.

The Veteran's service-connected disabilities, including his severe peripheral neuropathy and vascular disease affecting his lower extremities, have resulted in a loss of use of both lower extremities. The Board has determined that the Veteran is eligible for specially adapted housing due to these conditions but not for special home adaptation or adaptive equipment.

The Board denied the Veteran's request for an earlier effective date for the grant of service connection for radiculopathy of the bilateral upper extremities, finding that the evidence did not support a claim before September 14, 2017.

The Board has granted service connection for bilateral lumbar radiculopathy of the lower extremities, secondary to service-connected lumbosacral strain and degenerative arthritis of the lumbosacral spine. The issue of service connection for bilateral foot disability other than lumbar radiculopathy is remanded.

An initial disability rating of 20 percent, but no higher, for lumbosacral strain is granted prior to September 24, 2021. Separate ratings of 10 percent are granted for radiculopathy of the left and right legs associated with the lumbar spine.,Since September 24, 2021, a disability rating in excess of 20 percent for lumbosacral strain is denied.,An initial disability rating of 20 percent, but no higher, for cervical strain is granted prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 20 percent for cervical strain is denied.,Initial ratings in excess of 20 percent for peripheral neuropathy of the right and left upper extremities are denied.,An initial disability rating in excess of 30 percent for bilateral pes planus is denied prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 50 percent for bilateral pes planus is granted.,Service connection for chest pain has already been awarded as a manifestation of the Veteran's service-connected costochondritis.,The appeal for TDIU is dismissed.

The Board denied separate compensable ratings for left lower extremity radiculopathy and bladder impairment associated with the service-connected lumbosacral spine myositis, but granted a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) and basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.